Sustainable Democracy Democracy Factfile - Supporting Democracy in Southern Africa

Transition
Declared a German protectorate in 1884, South West Africa was occupied by South Africa after the onset of the first world war.  South Africa was granted permission to administer the territory by the League of Nations in 1919.

The European population in the territory was hence allowed limited powers to administer themselves. But South Africa's mandate encountered problems with the successor of the League of Nations- the United Nations. The apartheid state refused to convert its mandate into a UN trusteeship, locking the world body into a legal battle that reached the International Court of Justice. The UN General Assembly voted to terminate South Africa's mandate and appointed a Council for South West Africa in 1967, renaming the territory Namibia the following year. South Africa continued to refuse to cede administrative powers to the UN.

In the meantime, black resistance to the white administration grew. At the helm of the upsurge was the Ovamboland People's Congress, renamed later, the Ovamboland People's Organisation. In 1960, it transformed into what is today SWAPO (South West Africa People's Organisation) led by Sam Nujoma. Banned from 1963, SWAPO's  military wing, the People's Liberation Army of Namibia(PLAN), launched an armed struggle against South African rule and a protracted conflict ensued.

In 1977 a UN contact group comprising Britain, France, the US, Canada and West Germany, the five western members of the UN security Council, commenced talks with South Africa for the territory's independence. But after technically agreeing to the plan, South Africa raised another demand -the withdrawal of Cuban troops, who were aiding the Movimento Popular de Liberta‡ao de Angola(MPLA) government from Angola. Two agreements were signed in 1988, the first between South Africa, Angola and Cuba formulating the implementation plan for Namibia's freedom and the other between Angola and Cuba creating the time frame for the withdrawal of  Cuban troops.

Amid clashes, a ceasefire was concluded in April 1989. A transitional government constituting six parties which was formed by South Africa in 1985 was dissolved in 1989. Ground was then prepared  for the return of 43000 exiled Namibians. Pre-independence elections took place the second week of November 1989 with more than 95 percent of the electorate voting. Ten parties contested for the 72 seats in the Constituent Assembly. Representatives of seven parties and fronts were elected. Independence came on 21 March 1990.

SWAPO took 57.33 percent of the vote and 41 seats in the Constituent Assembly. The Assembly elected Sam Nujoma the first President of Namibia. Nujoma and Swapo swept back into power in the 1994 elections.

Regional Membership
Namibia became a full member of the Southern African Customs Union and of the Southern African Development Co-ordination Conference (SADCC) in March 1990 and played a role in the creation of the Southern African Development Community(SADC) in 1992. Following independence, Namibia also became a member of the UN, the Commonwealth and the Organisation of African Unity(OAU).

Until independence in March 1990, the country's values were defined by race. Justice and equitable participation in governance were unguaranteed to the black majority.

The Constituent Assembly representing key interest groups in the country was put together under the watchful eye of the United Nations. Although SWAPO won 57.3 percent of the votes cast and 41 seats, it did not marshal the two-thirds majority that would have empowered it to singularly draft the constitution.

Consultations
There had to be recourse to wider consultation. The Constituent Assembly drafted and adopted the country's first Independence Constitution.

This Constitution repealed the South West Africa Constitution of 1968.  What is significant is that the drafters of the Namibian Constitution included in Chapter 7 Article 49 that Members of the Namibian Parliament shall be elected by proportional representation. This clause immediately places party political affiliations above individual competence.

The Namibian people vote for parties. Each party will then earn seats in parliament according to the number of votes cast in the party's favour during an election.  The parties  appoint Members of Parliament from their own lists to take up the allocated seats in parliament.  The constitution provides for a maximum two five- year terms for a President.

Governance
The strength of the Namibian system of governance is that it is supported by one of Africa's finest Constitutions. An elaborate Bill of Rights guaranteeing fundamental freedoms and clear separation of power has given rise to  an independent judiciary.

There is an effective Ombudsman's office to watch over the system of governance in relation to the Constitution. The Ombudsman ensures that a transparent governance system is observed . The local government system allows for potential grassroots participation.

Opposition
Democratic Turnhalle Alliance(DTA)
Eight political parties(including SWAPO) registered for the 1994 legislative elections. The Democratic Turnhalle Alliance (DTA) of Nambia led by Mishake Muyongo was the leading challenger to SWAPO following the 1989 elections. Formed in 1977, DTA was the majority party in the South-African-appointed transitional government before independence. South Africa supported the DTA's bid to upstage SWAPO. In the 1989 elections it secured 21 seats, earning a vote total of 191,532. In percentage terms, the vote translated into 28.6 percent.

DTA came back more strongly in 1992. Gaining control of three regional councils. Ahead of the 1994 polls, DTA focussed on unemployment, increasing crime and corruption.

United Democratic Front(UDF).
Led by Justus Garoeb, UDF was founded in 1989, part of an ethnic alliance of eight parties. It captured four seats in the Constituent Assembly elections. UDF underwent transformation in 1993, becoming a single party. It called for action on joblessness, crime and better welfare for the people.

The party emphasised the need to enhance manufacturing investment and the establishment of an efficient and professional civil service. UDF favours liberal market principles and has been strong on improving health services and education.

Democratic Coalition of Namibia(DCN).
Formed in 1994, under the leadership of Moses Katjuongua, the DCN was a three party alliance in the beginning. The South West African National Union(SWANU), the National Patriotic Front(NPF) and the German Union(GU), a breakaway of the Action Christian National (ACN).

Disagreement over the DCN party list forced the SWANU to pull out of the alliance. As the other parties, DCN campaigned for the uplifting of the general welfare of the Namibian peoples and advocated action to curb crime and other vices.

Monitor Action Group(MAG)
Kosie Pretorius, a former leader of the ACN led MAG on its formation in 1994 ranged on strong christian values. Apart from seeking to uproot secular concepts in the Namibian constitution, it campaigned for the reinstatement of the death penalty. Namibia one is of the few African countries that has outlawed capital punishment.

Namibia

President Sam Nujoma && Namibia

SWANU of Namibia
The South West African National Union was created in 1959 as a reaction to South African occupation of the former German territory. Its manifesto highlighted the improvement in education, housing, health, social security and the adoption of a pragmatic national agricultural strategy. SWANU also called for the restructuring of the economy to ensure equitable distribution of the country's wealth.

Federal Convention of Namibia (FCN)
Managed one seat in the 1989 elections for the Constituent Assembly. FCN was for a federal constitution and a Bill of Rights.

Workers Revolutionary Party (WRP)
It persued a worker-centred programme, calling for massive public works to reduce unemployment and taxation of large companies to fund a free education system. It campaigned for the land to be handed back to the poor majority.

Elections
In the 1994 election, only SWAPO and DTA put up Presidential candidates. Muyongo for DTA and Nujoma for SWAPO. Nujoma was re-elected for another five-year term. Namibia was one of the first African States to introduce limited Presidential tenure.

Government

President Sam Nujoma
Prime Minister Hage Geingob
Deputy Prime Minister Hendrik Witbooi
Cabinet 21 Ministers

Rule of Law
Namibia's strength is its commitment to the rule of law and execution of justice. There are few or no cases of arbitrary detentions, or detentions without trial.  The death penalty is forbidden in terms of article 6 of the constitution: "The right to life shall be respected and protected. No law may prescribe death as a competent sentence. No court or Tribunal shall have the power to impose a sentence of death upon any person. No executions shall take place in Namibia."

Media
A vigorous media is one of the prominent features of Namibian democracy. The media makes a good account of its self as a watchdog of society. The Namibian media has challenged critical political decisions, one of the most significant being SWAPO campaigning for another presidential term for Nujoma. The country has some of the most "media friendly" laws in Africa. There are four main daily publications, three of them owned by Democratic Media Holdings which also presides over a leading printing press-John Meinert Ltd. The government owns the New Era, a bi-weekly newspaper.  The Namibian is the leading private daily newspaper. The country boasts of a variety of weeklies and periodicals.
The National radio and television stations, the Namibia Broadcasting Corporation(NBC) was placed under an independent board of directors soon after independence to encourage an atmosphere of free expression. The enactment of the Namibia Communications Commission Act in 1992 was another step taken to regulate the airwaves.

The country has four privately owned broadcast stations. Non-governmental organisations, working together, have opened up a Community radio station in the Katutura township in Windhoek. Other stations include Channel 7, a christian station, Radio 99 and Radio Energy.

Civil Society
Prominent Civil Society organisations include the Law Society of Namibia, the Journalists Association of Namibia, the Nambia Society for Human Rights, the Legal Assistance Centre, the Teacher's Union and the Namibia Union of Miners.

Important Political Developments - Post Independence era
One of the most remarkable achievements of the young Namibian democracy after independence was the the general agreement by the stakeholders to foster a spirit of social harmony and reconciliation.

The national strategy was to reduce the country's heavy dependence on South African imports. Unemployment and education continued to occupy the priority list. Considerable effort has been made to attract foreign investment and raise the standard of living of its 1 500 000 population.

Recent Developments
It is almost certain that President Nujoma may have another go at the country's presidency in the 1999 elections. The SWAPO Congress in 1997 adopted the proposal. Subsequent central committee and cabinet meetings have further refined it. What is left is for a motion to be moved in parliament to give strength to article 28 (2) (b)of the Constitution by amending article 29 (3). Article 28 (2)(b) says a President shall be elected by direct, universal and equal suffrage.

SWAPO argues that Nujoma was in the first election not elected by direct, universal and equal suffrage because the electorate was an exclusive closed shop in the form of the Constituent Assembly. His first legitimate election would then have been the 1995 elections, in which case the first five years are invalid. This argument allows Nujoma to face a second legitimate election in 1999.

The only limitation to this is however article 29 (3) which says a person shall hold office as President for not more than two terms.

The opposition contend that this article does not make any exemptions as to what a full term is. It therefore follows, they say, that as far as this clause is concerned Nujoma would have had his two terms by the next election. This is the clause that SWAPO wants amended to read "A person shall hold office as President for not more than two terms elected in accordance with article 28 (2)(b)", i.e. by direct, universal and equal suffrage. This amendment will then allow Nujoma to legitimately go for a third term which will be his second by direct public elections.

The motivation for all this is, in the words of Prime Minister Hage Geingob, "because Namibia has no alternative to Nujoma". The country "still needs Nujoma". The President himself has gone public declaring he will not oppose the amendment to favour a third term if this "is the will of the people."

Article 132 allows Parliament to amend the Constitution by a two-thirds majority vote supported by another two-thirds majority in the National Council. Significantly, the SWAPO Congress has already supported the amendment and SWAPO dominates both the National Assembly and the National Council. The likely probability is that both houses will vote in favour of the third term.

The people will be consulted directly in the event that the National Council fails to support the amendment by a two thirds majority. Then the President will call a national referendum on the matter.

MEDIA SCAN
DAILY NEWSPAPERS
ALLGEMEINE ZEITUNG (German)
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Everhard Hofmann
Deutscher Verlag (Pty) Ltd.
P.O. Box 2127, Windhoek
(264 61) 230331
(264 61) 220225
DIE REPUBLIKEIN (Afrikaans)
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Chris Jacobie
Democratic Media Holdings
Box 3436, Windhoek
(264 61) 230331, 230332, 230333
(264 61) 223721
replkn@iwwn.com.na
THE NAMIBIAN (English with a section in Oshivambo)
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Gwen Lister
Free Press of Namibia Limited
P.O. Box 20783, Windhoek
(264 61) 236970
(264 61) 233980
graham@namibian.com.na
THE WINDHOEK ADVERTISER (English)
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Carol Kotze
Democratic Media Holdings
P.O. Box 3436, Windhoek
(264 61) 230331
(264 61) 225863
adverts@iafrica.com.na
WEEKLY NEWSPAPERS
THE ECONOMIST (English)
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Daniel Stein
Graphics Printing
P.O. Box 49, Windhoek
(264 61) 221925
(264 61) 220615
economist@nam.tia.net
NAMIB TIMES (English/Afrikaans)
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Paul Vincent
Namib Publishers
P.O. Box 706, Walvis Bay
(264 64) 205854
(264 64) 204813
NEW ERA (Bi-weekly Multilingual)
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Rajah Munamava
Ministry of Information and Broadcasting
Private Bag 13364, Windhoek
(264 61) 231763, 220553, 248222
(264 61) 235419
TENDER BULLETIN (English)
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David Pieters
Collective Resources Pty
P.O. Box 861, Windhoek
(264 61) 222899
(264 61) 239382
Core@iwwn.com.na
WINDHOEK OBSERVER (English)
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Hannes Smith
Democratic Media Holdings
P.O. Box 2255, Windhoek
(264 61) 221737, 221738, 221739
(264 61) 226098
PERIODICALS[Selected]
NAMIBIA BUSINESS JOURNAL (ENGLISH)
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Bianca Tripodi
Dynamic Publishers
P.O. Box 9355, Windhoek
(264 61) 228809
(264 61) 228009
NAMIBIA REVIEW (English)
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Alex Kaure
Ministry of Information and Broadcasting
Private Bag 13344, Windhoek
(264 61) 222246
(264 61) 224937
NETWORK NEWS (English)
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Rashied Galant
The Media Institute of Southern Africa (MISA) Head Office
Private Bag 13386, Windhoek
(264 61) 232975
(264 61) 248016
research@ingrid.misa.org.na
SISTER NAMIBIA (Afrikaans/English/Oshiwambo Women's Magazine)
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Estelle Coetzee
Sister Collective
P.O. Box 40092, Windhoek
(264 61) 230757/230618
(264 61) 236371
sister@windhoek.org.na
RADIO/TV
CHANNEL 7 (Commercial Radio Services)
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Andre Henning
P.O. Box 20500, Windhoek
(264 61) 218969
(264 61) 215572
channel7@lianam.lia.net
KATUTURA COMMUNITY RADIO (KCR)
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Frederick Gawaseb
106.2 fm
P.O. Box 70448, Katutura, Windhoek
(264 61) 264768
(264 61) 246172
NAMIBIA BROADCASTING CORPORATION(NBC)
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Rector Mutelo
P.O. Box 321, Windhoek
(264 61) 2919111
(264 61) 231881, 231882
Bibliography
  1. Africa South of the Sahara 1995. Europa publications. - 1994.
  2. The Commonwealth Yearbook 1997. Gunthorp, Dale [et al]. - 1997.
  3. Namibia's Constitutional Framework For Democracy. Association of West European Parliamentarians for Action Against Apartheid(AWEPAA). - 1990.
  4. Presidential and National Assembly Elections in Namibia 7-8 December 1994: The report of the Commonwealth Observer Group. Commonwealth Secretariat. - 1995.
Namibia Factfile